Parental Rights in Illinois

Illinois Parental Rights News

2017 Legislative Summary

2017 State Legislative Recap

June 7, 2017

In most states, the 2017 legislative session has finished up or is winding down. Eight state legislatures work year-round or at least for several more months, and five others are poised to adjourn unofficially in a few days (but officially are year-round, too). That leaves 37 states ready to head home for the summer. Among…

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Illinois State Law and Parental Rights

At Risk

Illinois does not have a state statute that explicitly defines and protects parental rights as fundamental rights.

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Illinois Courts and Parental Rights

"Strict Scrutiny" Applied to Parental Rights

In re R.C., 745 N.E.2d 1233, 1241 (Ill. 2001), the court held that because "the Court [in Troxel] reiterated that a parent's right to control the upbringing of his or her children is a fundamental constitutional right," the court "must employ strict scrutiny, and determine whether [the statute] is necessary to a compelling state interest and narrowly tailored thereto".

However, this precedent is subject to change.